Sallie N. Peeler v. McI Inc., and MCI Worldcom Network Services, Inc.

Sallie Peeler filed this action in a state court seeking an injunction against the installation of fiber-optic cable along the Monon Trail, an abandoned railroad right-of-way in which Peeler claims an interest as the owner of an adjacent parcel. After the suit’s removal under the diversity jurisdiction, the district court denied Peeler’s request for a preliminary injunction. Events during the pendency of Peeler’s appeal make it unnecessary to decide whether the district judge erred.

First, MCI completed the installation of the cable, so that step cannot be enjoined. Second, the corporation…